The exequatur in the peruvian legal system: Analysis of the principle of reciprocity and the effectiveness of foreign judgments

Abstract

In a context of globalization and increasing international relations, the extraterritorial effectiveness of judicial decisions is fundamental for international judicial cooperation. This article analyzes the regulation of the recognition and execution of foreign judgments in Peru, focusing on the exequatur procedure. Key doctrinal distinctions are examined, such as recognition versus execution, and the typologies of judgments (declaratory, constitutive, and condemnatory). The study critically focuses on the principle of reciprocity, established in the Peruvian Civil Code (Art. 2102 and 2104, inc. 8) as a supplementary mechanism in the absence of treaties. It is argued that the requirement to “prove reciprocity” creates legal uncertainty and interpretative problems, hindering effective judicial protection. Finally, it is postulated that the Peruvian State needs to adopt an active conventional policy, prioritizing the celebration of bilateral treaties that establish express reciprocity and overcome the ambiguities of the current system.